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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My neighbour took down the fence between our two gardens. He

Resolved Question:

My neighbour took down the fence between our two gardens. He was planting a hedge in it's place. However he planted the new hedge, small hedgelings. half on our side of fence place and half on his own. I did not like an open garden and put up a fence of my own a couple of feet away from his hedgelings. However I now want to put my fence on the boundry line. Am I allowed to move the plants that he planted on my side of boundry.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

Hello. Did you give your neighbour permission to plant the hedge on your side?

Customer:

Slightly over, as in touching rails up but not a couple of feet away like it is.

wingrovebuyer :

If the plants are not in the agreed position, you can ask him to move them, and you cou, d tne erect your fence closer to the boundary line

Customer:

He says he won't move them as it will kill them.

wingrovebuyer :

Whether or not that is true is irrelevant, as he put them in the wrong place. However, if you stood over him and allowed them to go in the wrong place, he may have a case to stop them being moved, but it is very weak.

wingrovebuyer :

In any event, if they are not where you agreed, you can move them, being careful not to damage them.

Customer:

He has been round to my house this evening and will not entertain moving them at all. It has left me really upset as I don't know what to do or where to go next.

wingrovebuyer :

Ok, but if he put them on your land without permission, you can move them or he must. No matter what he says.

Customer:

Could the local council help me at all?

wingrovebuyer :

Not rea,, y

wingrovebuyer :

Really - it is nothing to do with the council and is a civil matter.

Customer:

Thank you.

wingrovebuyer :

If he won't move them, you can. But be careful not to damage them. Either replant them closer to the boundary, or pop them in water and give them back. I'd also move your fence at the same time to stop him replanting them where you don't want them!

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